Across the U.S., Climate Change Lawsuits Are Gaining Steam
The scandal-plagued head of the U.S. Environmental Protection Agency (EPA) says he's not sure whether "human activity ... is a primary contributor to the global warming that we see." The president has moved to pull the U.S. out of the landmark Paris climate agreement. And climate-science deniers and skeptics control Congress.
But that still leaves environmental advocates with one branch of government: the judiciary.
Greens are trying to use the courts to establish accountability for the damages associated with global climate change; a couple of new lawsuits and one important court ruling from just the last week show that the strategy has real promise.
On Tuesday, the city of Boulder, Colorado, along with Boulder County and San Miguel County filed a lawsuit in state court against ExxonMobil and Suncor (Canada's largest oil firm), seeking to recover some of the costs associated with climate change impacts. The lawsuit says the Colorado communities are already bearing the costs of climate-change-related problems such as extreme rainstorms and flooding, more frequent and intense wildfires, and a declining snowpack. Big oil companies, the lawsuit contends, contributed to those impacts.
"By hiding what they knew about, and affirmatively misrepresenting the dangers of unabated fossil fuel use, the Defendants protected fossil fuel demand and obstructed the changes needed to prevent or at least minimize the impacts of climate change," according to the lawsuit.
The case is just the latest attempt to try to hold the major carbon polluters responsible for climate change impacts. Eight California cities and counties are suing a range of fossil fuel companies—ExxonMobil, Chevron, Shell, BP and Peabody Coal, among others—for the costs of preparing for sea level rise. Last month, a federal judge in San Francisco who is handling four of those cases held an unprecedented climate tutorial that forced the major carbon polluters to admit in court that they accept the basic science of human-driven climate change. In January, New York City filed a similar case against the five largest publicly traded oil companies.
The Colorado case is a departure from earlier lawsuits, however; it doesn't, for obvious reasons, focus on sea level rise. "These communities felt it was important to highlight the fact that climate change impacts are being felt everywhere, including far from the oceans," Marco Simons, the general counsel at EarthRights International, which helped write the Colorado complaint, told Sierra. "This case shows that communities across the country are waking up to the reality, both the impacts they are facing from climate change and the responsibility of the fossil fuel industry to help pay for those injuries."
The new Colorado case is also significant in that it opens up yet another legal arena in which the oil companies must play defense.
The announcement of the Colorado lawsuit came just four days after the Massachusetts Supreme Court delivered a major setback to ExxonMobil in another climate-change-related case. Massachusetts's attorney general, Maura Healey, is investigating whether ExxonMobil may have violated the state's consumer protection law by misleading its customers and investors about the impacts of climate change. In a 32-page opinion, the state's highest court ruled that the case can move forward and that Healey has the authority to force ExxonMobil to deliver internal company documents. The justices appeared to go out of their way to highlight the high stakes involved in the case, writing, "The Attorney General's investigation concerns climate change caused by manmade greenhouse gas emissions—a distinctly modern threat that grows more serious with time, and the effects of which are already being felt in Massachusetts."
The state supreme court ruling comes about a month after a federal court made a similar ruling against ExxonMobil's attempts to beat back the Healey investigation and a parallel investigation by New York attorney general Eric Schneiderman into whether the oil giant might have misled investors about the risks of climate change. In that ruling, a U.S. district court judge slammed ExxonMobil's argument that it is the target of a conspiracy as "implausible."
The California, Colorado, and New York City lawsuits, along with the two attorneys general investigations, are all focused on holding corporations liable for some of the damage caused by climate change. Meanwhile, some other climate-related cases are seeking to hold governments accountable for fueling global warming.
On Monday, eight Florida youths ages 10 to 19 filed a lawsuit against the state government and Governor Rick Scott, who has been cagey about whether he accepts the basic science of climate change. The lawsuit alleges that by contributing to greenhouse gas emissions, the state's actions have violated the young plaintiffs' constitutional rights to life, liberty, property, and the pursuit of happiness. In their complaint, the eight young people charge that, "the Defendants know that Plaintiffs are living under climatic conditions that create an unreasonable risk of harm but have not responded reasonably to this urgent crisis, and instead have affirmatively acted to exacerbate the climate crisis."
The lawsuit was brought by Our Children's Trust, which has sought to use a legal theory called the public trust doctrine to push similar cases in a total of nine states, including Washington, Oregon, Maine and North Carolina. Our Children's Trust is also behind the landmark case targeting the federal government for exacerbating global warming. The 21 young plaintiffs in that case cleared a major procedural hurdle in March when a federal appeals court denied the government's effort to dismiss the case. Just last week, a federal magistrate in Oregon set a trial date for that lawsuit: Arguments will begin Oct. 29 at the federal courthouse in Eugene.
Julia Olson, the lead attorney in that case, has promised that Juliana v. United States will be "the trial of the century."
It's a good line. But given the increasing flood of climate liability cases, it looks like there's stiff competition for that honor.
Reposted with permission from our media associate SIERRA Magazine.
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Wisdom the mōlī, or Laysan albatross, is the oldest wild bird known to science at the age of at least 70. She is also, as of February 1, a new mother.
<div id="dadb2" class="rm-shortcode" data-rm-shortcode-id="aa2ad8cb566c9b4b6d2df2693669f6f9"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1357796504740761602" data-partner="rebelmouse"><div style="margin:1em 0">🚨Cute baby alert! Wisdom's chick has hatched!!! 🐣😍 Wisdom, a mōlī (Laysan albatross) and world’s oldest known, ban… https://t.co/Nco050ztBA</div> — USFWS Pacific Region (@USFWS Pacific Region)<a href="https://twitter.com/USFWSPacific/statuses/1357796504740761602">1612558888.0</a></blockquote></div>
By Hui Hu
Winter is supposed to be the best season for wind power – the winds are stronger, and since air density increases as the temperature drops, more force is pushing on the blades. But winter also comes with a problem: freezing weather.
Comparing rime ice and glaze ice shows how each changes the texture of the blade. Gao, Liu and Hu, 2021, CC BY-ND
Ice buildup changes air flow around the turbine blade, which can slow it down. The top photos show ice forming after 10 minutes at different temperatures in the Wind Research Tunnel. The lower measurements show airflow separation as ice accumulates. Icing Research Tunnel of Iowa State University, CC BY-ND
While traditional investment in the ocean technology sector has been tentative, growth in Israeli maritime innovations has been exponential in the last few years, and environmental concern has come to the forefront.
theDOCK aims to innovate the Israeli maritime sector. Pexels<p>The UN hopes that new investments in ocean science and technology will help turn the tide for the oceans. As such, this year kicked off the <a href="https://www.oceandecade.org/" target="_blank" rel="noopener noreferrer">United Nations Decade of Ocean Science for Sustainable Development (2021-2030)</a> to galvanize massive support for the blue economy.</p><p>According to the World Bank, the blue economy is the "sustainable use of ocean resources for economic growth, improved livelihoods, and jobs while preserving the health of ocean ecosystem," <a href="https://www.sciencedirect.com/science/article/pii/S0160412019338255#b0245" target="_blank" rel="noopener noreferrer">Science Direct</a> reported. It represents this new sector for investments and innovations that work in tandem with the oceans rather than in exploitation of them.</p><p>As recently as Aug. 2020, <a href="https://www.reutersevents.com/sustainability/esg-investors-slow-make-waves-25tn-ocean-economy" target="_blank" rel="noopener noreferrer">Reuters</a> noted that ESG Investors, those looking to invest in opportunities that have a positive impact in environmental, social and governance (ESG) issues, have been interested in "blue finance" but slow to invest.</p><p>"It is a hugely under-invested economic opportunity that is crucial to the way we have to address living on one planet," Simon Dent, director of blue investments at Mirova Natural Capital, told Reuters.</p><p>Even with slow investment, the blue economy is still expected to expand at twice the rate of the mainstream economy by 2030, Reuters reported. It already contributes $2.5tn a year in economic output, the report noted.</p><p>Current, upward <a href="https://www.ecowatch.com/-innovation-blue-economy-2646147405.html" target="_self">shifts in blue economy investments are being driven by innovation</a>, a trend the UN hopes will continue globally for the benefit of all oceans and people.</p><p>In Israel, this push has successfully translated into investment in and innovation of global ports, shipping, logistics and offshore sectors. The "Startup Nation," as Israel is often called, has seen its maritime tech ecosystem grow "significantly" in recent years and expects that growth to "accelerate dramatically," <a href="https://itrade.gov.il/belgium-english/how-israel-is-becoming-a-port-of-call-for-maritime-innovation/" target="_blank" rel="noopener noreferrer">iTrade</a> reported.</p><p>Driving this wave of momentum has been rising Israeli venture capital hub <a href="https://www.thedockinnovation.com/" target="_blank" rel="noopener noreferrer">theDOCK</a>. Founded by Israeli Navy veterans in 2017, theDOCK works with early-stage companies in the maritime space to bring their solutions to market. The hub's pioneering efforts ignited Israel's maritime technology sector, and now, with their new fund, theDOCK is motivating these high-tech solutions to also address ESG criteria.</p><p>"While ESG has always been on theDOCK's agenda, this theme has become even more of a priority," Nir Gartzman, theDOCK's managing partner, told EcoWatch. "80 percent of the startups in our portfolio (for theDOCK's Navigator II fund) will have a primary or secondary contribution to environmental, social and governance (ESG) criteria."</p><p>In a company presentation, theDOCK called contribution to the ESG agenda a "hot discussion topic" for traditional players in the space and their boards, many of whom are looking to adopt new technologies with a positive impact on the planet. The focus is on reducing carbon emissions and protecting the environment, the presentation outlines. As such, theDOCK also explicitly screens candidate investments by ESG criteria as well.</p><p>Within the maritime space, environmental innovations could include measures like increased fuel and energy efficiency, better monitoring of potential pollution sources, improved waste and air emissions management and processing of marine debris/trash into reusable materials, theDOCK's presentation noted.</p>
theDOCK team includes (left to right) Michal Hendel-Sufa, Head of Alliances, Noa Schuman, CMO, Nir Gartzman, Co-Founder & Managing Partner, and Hannan Carmeli, Co-Founder & Managing Partner. Dudu Koren<p>theDOCK's own portfolio includes companies like Orca AI, which uses an intelligent collision avoidance system to reduce the probability of oil or fuel spills, AiDock, which eliminates the use of paper by automating the customs clearance process, and DockTech, which uses depth "crowdsourcing" data to map riverbeds in real-time and optimize cargo loading, thereby reducing trips and fuel usage while also avoiding groundings.</p><p>"Oceans are a big opportunity primarily because they are just that – big!" theDOCK's Chief Marketing Officer Noa Schuman summarized. "As such, the magnitude of their criticality to the global ecosystem, the magnitude of pollution risk and the steps needed to overcome those challenges – are all huge."</p><p>There is hope that this wave of interest and investment in environmentally-positive maritime technologies will accelerate the blue economy and ESG investing even further, in Israel and beyond.</p>
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